- (1.) SUPPLEMENTARY affidavit filed today be taken on record.
(2.) HEARD learned Counsel for the parties. By means of the present writ petition, the Petitioner seeks a writ, order or direction in the nature of certiorari for quashing the sale notice dated 20.8.2011 published by the Respondent No. 1 filed as Annexure No. 14 in so far as it relates to the Petitioner as also a writ of mandamus directing the Respondent Bank not to open the bid on 21.9.2011 in pursuance of the sale notice dated 20.8.2011 published by him and another consequential relief.
(3.) IT appears that the Petitioner has taken a loan from PNB Housing Finance Ltd. Respondent No. 1. He defaulted in payment of the amount of loan instalments whereupon the Respondent No. 1 recalled the entire loan and proceeded to recover the amount through sale of the security furnished by him by taking recourse to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The proceedings were initiated sometimes in the year 2007. The Petitioner approached this Court by means of Writ Petition No. 44482 of 2007 which was dismissed by this Court with certain observations vide judgment and order dated 14.9.2007. However, this Court left it open to the Petitioner to file objection to the notice and thereafter approach the Tribunal under Section 17 of the aforementioned Act. The Petitioner once again approached this Court by means of Writ Petition No. 22255 of 2009 which was disposed of by this Court vide judgment and order dated 9.5.2009 with the direction to the Petitioner to file objection which was to be decided by the Bank.;